Attorney Richard J. Arsenault, senior partner in Neblett, Beard & Arsenault, has been asked to speak at the upcoming HarrisMartin Publishing Johnson & Johnson DePuy Hip Implant Litigation Conference on November 17th in Durham, North Carolina.

Earlier this year, DePuy Orthpaedics, a division of Johnson & Johnson, initiated a worldwide recall of its ASR hip replacement products because of higher-than-expected failure rates. It has been reported that 1 in 8 patients implanted with the recalled hip systems will have to undergo revision surgery within 5 years. A veteran of complex and class action litigation, Arsenault is a frequent speaker and chair of legal conferences. Arsenault’s firm has filed a lawsuit against Johnson & Johnson DePuy and continues to investigate other claims against the makers of the recalled ASR hip replacement systems.

A Bradford county woman has filed a lawsuit against Chesapeake Appalachia, LLP, Chesapeake Energy Corporation, and Nomac Drilling LLC alleging that her well water was contaminated due to improper natural gas drilling operations.  She is represented by Richard J. Arsenault of Neblett, Beard & Arsenault and partner firms Parker Waichman Alonso, LLP; the Law Office of Michael Gleeson and the Becnel Law Firm, LLC.

According to the lawsuit, because of improper natural gas drilling activities by the defendents, methane, ethane, barium and other harmful substances were allowed to enter and contaminate the victim’s water supply. In the lawsuit, the victim claims that she suffers dermatitis, gastrointestinal discomfort, barium poisoning, pain, numbness to her face and hands, deformities of the bones of her hands, headache, and other injuries due to exposure to harmful substances. Additionally, the suit alleges that the value of her property has diminished, she has lost the use and enjoyment of her property, and has suffered a drop in the quality of life she otherwise enjoyed.

The lawsuit seeks to bar the defendants from continuing to engage in these practices, and seeks compensatory damages, punitive damages and the cost of future health monitoring for the victim.

Neblett, Beard & Arsenault is experienced in handling environmental lawsuits, having worked hard for victims of numerous oil and gas operations across Louisiana and the nation, including this year’s devastating Gulf of Mexico oil spill. The firm continues to investigate claims in Pennsylvania and across the country associated with natural gas drilling and the controversial “hydrofracking” process.

The U.S. Consumer Product Safety Commission and Graco Children’s Products Inc., of Atlanta, Ga., have announced a  recall of about 2 million Graco strollers due to risk of entrapment and strangulation. CPSC and Graco have received four reports of infant strangulations that occurred in these strollers between 2003 and 2005. In addition, CPSC is aware of five reports of infants becoming entrapped, resulting in cuts and bruises, and one report of an infant having difficulty breathing.

Entrapment and strangulation can occur, especially to infants younger than 12 months of age, when a child is not harnessed. An infant can pass through the opening between the stroller tray and seat bottom, but his/her head and neck can become entrapped by the tray. Infants who become entrapped at the neck are at risk of strangulation.

The recall involves older versions of the Graco Quattro Tour™ and MetroLite™ strollers and travel systems manufactured prior to the existence of the January 2008 voluntary industry standard which addresses the height of the opening between the stroller’s tray and the seat bottom. This voluntary standard requires larger stroller openings that prevent infant entrapment and strangulation hazards.

This recall involves Graco Quattro Tour™ strollers and travel systems manufactured prior to November 2006 and MetroLite™ strollers and travel systems manufactured prior to July 2007. The strollers and travel systems were distributed between November 2000 and December 2007. The model numbers are printed on a label at the lower portion of the rear frame, just above the rear wheels or underneath the stroller. The name “Graco” appears on a label on the stroller tray and the headrest. Models included in the recall are:

Quattro Stroller
$100-$190
Distributed Between
Nov 2002 – Dec 2007

Model Numbers: 35735, 35759, 7111ASB, 7111BKW, 7111CLN, 7111CUN, 7111DIA, 7111HEA, 7111HIG, 7111LAG, 7111KSH, 7112CNP, 7112MTR, 7113CJR, 7113CMR, 7113COT, 7119GGG, 7119WSR, 7121MAY, 7125QST, 7126RNS, 7127LEG, 7132RXY, 7134SMB, 7138RNS

Quattro Stroller Travel System
$200-$250
Distributed Between
Oct 2002 – Oct 2007

Model Numbers: 35760, 7411ATR, 7411BGN, 7411BGN2, 7411BLB, 7411KBK, 7411KBK2, 7411LV, 7411MCH, 7411MCH2, 7411MLY, 7411MLY2, 7419LIM, 7419LIM2, 7419OWD2, 7B00BDA, 7B00DRB, 7B00KAS, 7B01MNS, 7B03CST2, 7B03LTC2, 7B03TFE2

MetroLite Stroller
$90-$190
Distributed Between
Nov 2000 – Dec 2007

Model Numbers:1104, 1240, 6110DW, 6110F3, 6110S7, 6110TS7, 6111FKB, 6111VIN, 6113SCR, 6114HAV, 6114JAM, 6114LAG, 6114NGS, 6116NRF, 6120SHL, 6121CJG, 6121CNP, 6121GGG, 6121MTR, 6123EME, 6124LRD, 6125SMB, 6J01DAI, 6J01HRL, 6J03RIT, 6J04JEN, 6J05MIN

MetroLite Travel System
$190-$250
Distributed Between
Dec 2000 – June 2005

Model Numbers: 1070, 7000KSB, 7308DEL, 7308DEL2, 7308DEL4, 7308TYR, 7308TYR2, 7406PLT, 7408MRT, 7409GRG, 7410CON, 7413CML, 7413MRN, C7413CML

Quattro and MetroLite strollers ending with the number 3 are NOT affected by this recall.

The strollers were sold at AAFES, Babies R Us, Burlington Coat Factory, Fred Meyer, Kmart, Meijers, Navy Exchange, Sears, Target, Walmart and other stores nationwide between November 2000 and December 2007 for between $90 and $190 for the strollers, and between $190 and $250 for travel systems.

For the third year running, the law firm of Neblett, Beard & Arsenault is proud to sponsor the annual “Breakfast with Santa” to support the Marines’ Toys for Tots organization.  The event will be held on December 4, 2010 at Ryan’s Grill and Buffet on MacArthur Drive in Alexandria, LA. The Breakfast with Santa startes at 8AM and runs until 10:30AM.

Each child under 12 that brings a new, unwrapped toy to donate to Toys for Tots will enter the buffet for free and will be able to visit with Santa, take photos and enjoy face painting, coloring and other fun activities.  Each child will receive a complimentary photo frame containing their picture with Santa.

We hope to see you there!

According to Shreveport Police, a combination of rain-slicked roads and an 18-wheeler driver “not paying attention,” lead to a multi-vehicle collision on Interstate 20 near Greenwood. Thankfully, the wreck, which involved three 18-wheelers and several other vehicles, only resulted in minor injuries.

The crash left one 18-wheeler demolished, the second 18-wheeler was pushed into four-wheel vehicles and the third 18-wheeler exited the highway and ended up in the woods. One 18-wheeler driver had to be cut from the cab of the wrecked big rig.

Eastbound lanes of I-20 were closed while crews cleaned up the debris and leaked diesel fuel. The wreck caused a huge traffic back-up on both the eastbound and westbound lanes of I-20 near Shreveport.

October is breast cancer awareness month. So today, the attorneys and staff at Neblett, Beard & Arsenault went Pink for the Cure!  Our office was decked out in pink ribbons and pink attire all in the name of breast cancer awareness!  Want to see how you can get involved?  Contact your local office of Susan G. Komen for the Cure to see how you could make a difference!

The CPSC is announcing a recall on Black & Decker and Craftsman brand cordless electric lawnmowers.  These mowers, which were previously recalled in 2002 and 2006, may still pose a danger when in operation.

The 2002 recall, which was expanded in 2006, was announced after Black & Decker and the CPSC received numerous reports of the cordless lawn mowers’ engine overheating and causing a fire hazard. This time, 160,000 Black & Decker and Craftsman brand cordless lawnmowers are being recalled because the mower’s motor and blade can unexpectedly turn on after the mower’s safety key is removed, posing a laceration hazard to consumers. Black & Decker has received 34 reports of the motor operating after removal of the safety key, including two incidents that resulted in finger lacerations.

The recalled cordless electric mowers were sold in home centers, hardware and discount stores under both the Black & Decker and Craftsman brand names. The recalled Black & Decker mowers have model number CMM1000 or CMM1000R. All date codes and types are included in the recall. The date code and type information are both located on a silver and black label affixed to the rear door of the mower.

The Black & Decker mowers have either an orange or green deck with a black motor cover. The Craftsman-brand mowers have model number 900.370520 and the recall include all date codes and types. The model number is located on the silver and black label affixed to the rear door of the mower. The Craftsman-brand mowers have a dark green deck with a black motor cover.

The CPSC is urging customers to stop using the recalled lawnmowers immediately.

Despite claims by manufacturers that baby sleep positioners can help reduce the risk of Sudden Infant Death Syndrome (SIDS), gastrointestinal distress, flat head syndrome and colic, the FDA and CPSC have received 12 reports of infants between the ages of 1 month and 4 four months who died when they suffocated in sleep positioners or became trapped and suffocated between a sleep positioner and the side of a crib or bassinet. Now, the FDA and CPSC are urging parents and caregivers to immediately discontinue use of these products, saying the risk of suffocation outweighs any benefits.

Most of the infants suffocated after rolling from a side to stomach position. In addition to the reported deaths, CPSC has received dozens of reports of infants who were placed on their backs or sides in sleep positioners, only to be found later in potentially hazardous positions within or next to the sleep positioners. The two main types of infant sleep positioners are flat mats with side bolsters or inclined (wedge) mats with side bolsters.

The CPSC has posted this warning on its website:

* STOP using sleep positioners. Using a positioner to hold an infant on his or her back or side for sleep is dangerous and unnecessary.
* NEVER put pillows, infant sleep positioners, comforters, or quilts under a baby or in a crib.
* ALWAYS place an infant on his or her back at night and during nap time. To reduce the risk of SIDS, the American Academy of Pediatrics recommends placing infants to sleep on their backs and not their sides.

The lawyers are Neblett, Beard & Arsenault are currently investigating claims against manufacturers of faulty or defective childrens’ products.  We have worked hard for families whose infants and children have been injured or killed as a result of defective products, and are closely following this recent warning from the FDA & CPSC.  We will updated this information as it becomes available. Stay tuned.

A massive recall of 10 million Fisher Price products has been announced.  The recall, which includes items that range from high-chairs,  tricycles, toy cars and baby products, was initiated after Fisher Price and the Consumer Product Safety Commission (CPSC) received multiple reports of injuries and choking hazards. Reported injuries from the recalled Fisher Price items choking, injuries, lacerations, and other serious injuries, including genital bleeding.

Over 2.8 million Baby Playzone™ Crawl & Cruise Playground™, Baby Playzone™ Crawl & Slide Arcade™, Baby Gymtastics™ Play Wall, Ocean Wonders™ Kick & Crawl™ Aquarium (C3068 and H8094), 1-2-3 Tetherball™ and Bat & Score Goal™ have been recalled due to choking hazards. The plastic valve of the inflatable ball on these toys can come off and pose a choking hazard to young children.The CPSC and Fisher Price have received 54 reports of the valve detaching from the toys, including 14 reports of the valve being found in children’s mouth and 3 reports of children choking on the plastic valve.

About 950,000 high chairs are being recalled due to risk of injury and laceration. The recalled products include Healthy Care, Easy Clean and Close to Me High Chairs. According to the CPSC, the problem with the recalled Fisher Price high chairs is that children can fall on or against the pegs on the rear legs of the high chair, which are used for high chair tray storage. This could result in a child sustaining cuts, scrapes and other injuries from the protruding object. Fisher Price and the CPSC have recieved 14 reports of injuries, including 7 that required stitches and 1 reported injury to a child’s mouth. Recalled models include Healthy Care 79638, 79639, 79640, 79641, B0326, B2105, B2875, C4630, C4632, C5936, G4406, G8659, H0796, H1152, H4864, H7241, K2927 and L1912; Close to Me H8906; and Easy Clean H9178, J4011, J6292 and J8229.

120,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampway products are being recalled in the US and Canada. Fisher Price has received several reports of the wheels detaching from the green and purple cars, which poses a serious choking hazard to small children.The recall involves Little People Wheelies Stand ‘n Play Rampway with model numbers T4261 and V6378.

Over 7 million Fisher Price Trikes and Tough Trikes toddler tricycles are being recalled because of a protruding plastic ignition key, which if a child sits or falls on, can result in serious injuries. Fisher Price has recieved 10 reports of injuries resulting from the protruding key, including 6 reports of little girls needing medical attention for genital bleeding. Recalled models include J72633 Hot Wheels Trike, 72642 Lil’ Kawasaki Trike, 72639 Barbie Free Spirit Trike, 72643 Boys Tough Trike, 72644 Girls Tough Trike, 72792 Kawasaki Trike, B8775 Kawasaki Tough Trike, B8776 Barbie Tough Trike, K6672 Dora the Explorer Tough Trike, K6673 Diego Tough Trike, M5727 Barbie Tough Trike Princess Ride-On, N6021 Kawasaki Tough Trike, T6209 Thomas Tough Trike and V4270 Diego Tough Trike.

The CPSC is urging parents to immediately stop using these products, as they can result in serious injuries to young children. Recalls that affect children’s products are always unsettling.  Parents expect trusted brands to produce and market products that are safe for children and babies.  According to the CPSC, manufacturers should be working harder to build safety into their products, rather than intiaing recalls after injuries are reported.

At Neblett, Beard & Arsenault, our injury attorneys  have represented families whose children and infants have been seriously injured or killed by products that were supposed to be safe.  We  know first hand the sadness and trauma that defective childrens products inflict on a family.  We will continue to monitor this recall closely and post additional updates.

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Siemens and Murray Circuit Breakers, Load Centers and Meter Combos

Units: About 2.2 million

Importer: Siemens Industry Inc., of Alpharetta, Ga.

Hazard: The recalled circuit breakers have a spring clip that can break during normal use, leading to a loss of force to maintain a proper electrical connection in the panelboard. This can lead to excessive temperature, arcing or thermal damage at the connection point, and damage to the panelboard’s electrical insulation and can result in a fire, property damage, or personal injury.

Incidents/Injuries: Siemens has received one report of a circuit breaker spring clip that broke during installation. No injuries have been reported.

Description: This recall involves Siemens and Murray 15 through 50 AMP single and double pole circuit breakers, load centers (circuit breakers that come with an electrical panel), and meter combos (contain a load center and a meter socket). “Siemens” or “Murray,” date codes 0610 or 0710 and the catalog number are printed on a label on the side of the circuit breakers. Date codes between June 2010 through August 2010 are stamped on the inside of the metal box of the load centers and meter combos. The catalog number for the load centers and meter combos is printed on a label inside the metal box door and on the packaging.

Recalled Product: Circuit Breakers
Date Codes: 0610, 0710
Catalog Numbers: Q115, Q120, Q130, Q215, Q230, Q250, MP115, MP115U, MP120, MP130, MP215, MP230, MP230U, MP250

Recalled Product: Load Centers
Date Codes: Jun 23 2010 – Aug 25 2010
Catalog Numbers: G2020B1100CP, G3030B1100CP, G4040B1200CUSGP, LC4040B1200P, G3040B1200CP, G3040L1200CP, G4040B1200CP, G3030B1150CP, W3040B1200CP, G1624L1125CP, W4040B1200CP

Recalled Product: Meter Combo
Date Codes: Jun 23 2010 – Aug 25 2010
Catalog Numbers: JA2040B1200SP

Sold at: The Home Depot, Lowes, other hardware and building supply stores and numerous electrical distributors nationwide from June 2010 through August 2010 for between $2.50 to $235.

Manufactured in: Mexico